REVOCABLE FILM PERMIT

Transcription

1 Bernard P. Carvalho Jr. Mayor George K. Costa Director Wallace G. Rezentes Jr. Managing Director Office of Economic Development County of Kaua i, State of Hawai i 4444 Rice Street, Suite 200, Lihue, HI Telephone: (808) Facsimile: (808) REVOCABLE FILM PERMIT DATE OF APPLICATION: NOTE: Approval Process may take 7-10 Business Days. FILM PROJECT Project Name: Project Type: (Circle One) Feature Film / TV Show-Series / Commercial-Print Ad / Music Video / Documentary / Travel / Sports / Digital-Internet Date(s) of Filming on Kauai: PRODUCTION COMPANY Company Name: Company Representative: Address: Phone: Fax: Local Contact Name: Cell Phone: How many vehicles will be used? (Large vehicles, vans, SUVs) What type and number of equipment will be used? Rev.10/13/17 Page 1 of 9

2 Will a Drone be used for filming? Yes No I ve been informed that the use of drones are NOT allowed in Hawaii State Parks, without a specific drone permit from the Dept. of Land & Natural Resources. Any use of a drone in a Hawaii State Park can result in severe fines and removal of any footage shot with a drone. On Kauai, State Parks include: The entire Napali Coast (including Ke e Beach, the Kalalau Trail, Hanakapiai Falls/Beach), Waimea Canyon, Koke e State Park, Wailua State Park (includes Wailua River, Wailua Falls, Secret Falls) and Opaekaa Falls. Film Production Representative Signature (Please submit a current copy of your FAA Insurance. See requirements on page 6) Will there be Construction of Props and other Facilities? If so, please explain: The County of Kaua i and the Kauai Film Commission encourages and appreciates all types of film production on the island of Kauai. Your industry and company are important to our economy. We appreciate the following information that will help to support our economy: Total Kaua i Film Budget: Airfare Budget: Shipping/Freight Budget: Car/Equipment Rental Budget: Lodging Budget: Meals Budget: Total number on Film Production Crew: Number of Kaua i residents hired: FILM LOCATIONS Site(s) to be used: (LIST ALL specific Open and Accessible sites, including County, State and Private Areas, Beach Parks, Beaches, Roads) Although this is a County Film Permit, please list all film locations on Kauai for our records. Location #1: Date: Rev.10/13/17 Page 2 of 9

3 Location #2: Date: Location #3: Date: Location #4: Date: Location #5: Date: Rev.10/13/17 Page 3 of 9

4 Location #6: Date: Location #7: Date: Location #8: Date: NIGHT FILMING Yes ( ) No ( ) Site(s) to be used: (LIST ALL specific Open and Accessible sites, including County, State and Private Areas, Beach Parks, Beaches, Roads) IMPORTANT! The applicant acknowledges that the fledgling season for the endangered U au or Hawaiian Petrel and threatened A o or Newell s Shearwater is from September 15 December 15. The applicant acknowledges and understands that it is responsible to comply with the Endangered Species Act of 1973 (7 U.S.C. sect. 136, 16 U.S.C. sect et seq.) and Hawai i Revised Statutes Chapter 195D for any activities that could cause any take of endangered or threatened species, including the use of any lights while filming during the fledgling season. To minimize adverse impacts on listed endangered and threatened species, the applicant shall use only the following types of external lights: shielded lights, cut-off luminaries, or indirect lighting, all preferably having a 90 degree cut-off. Spotlights aimed upward or spotlighting of structures, landscaping, or the ocean shall be prohibited. Rev.10/13/17 Page 4 of 9

5 The applicant agrees and understands that it shall defend, indemnify, and hold harmless the County of Kaua`i, its officers, agents assigns and employees from and against any and all claims arising directly or indirectly out of the applicant s activities that affects any endangered or threatened species, including the use of lights during the fledgling season. Film Production Representative Signature Location #1: Date: Location #2: Date: Location #3: Date: HELICOPTER/DRONE FILMING: (List all locations / sites and times filming will take place.) Yes ( ) No ( ) IMPORTANT! The applicant acknowledges: All airspace over Kauai is under the jurisdiction of the FAA (Federal Aviation Administration) A flight company must comply with federal aviation regulations, enforced by FAA Flight Standards District Office (FSDO) Rev.10/13/17 Page 5 of 9

6 FAA Air Traffic is responsible to portions of flight occurring within certain controlled airspace, such as the area around Lihue Airport and federal airways. A flight company must advise the Lihue FSDO, especially if it involves special circumstances or variances. Minimum altitudes for helicopters are different than for fixed wing airplanes and depend on the nature of the operation. It's a good practice for the company to issue a press release and insure it goes to the affected neighborhood boards advising of the flight activity, to head off some of the complaints. Various locations throughout the island will be filmed, but not including the "RED HOT SPOTS" as listed on the STOPDAT.ORG website as there is an abatement placed. These areas will be avoided as much as possible. The following individuals/organizations will be notified of each flight: Pete Martin Manager of the FAA, Lihue Air Traffic Control Tower / cell Hank Bruckner - General Aviation Officer, State of Hawaii DOT Airports Division harry.p.bruckner@hawaii.gov Dennis L. Neves - Kauai Airports District Manager, State of Hawaii DOT Airports Division dennis.l.neves@hawaii.gov Thomas J. Ka'iakapu - Kauai Wildlife Manager, State of Hawaii Department of Land & Natural Resources thomas.j.kaiakapu@hawaii.gov Location #1 Ina Lejins - Kauai Air Tour Help Line inamanukai@gmail.com The County Film Office, will provide Ina Lejins with all the details of the flying mission in anticipation of calls from Kauai residents. Location #2 Location #3 Rev.10/13/17 Page 6 of 9

7 Permission is hereby granted by the County of Kaua`i to: (hereinafter referred to as Producer ), to utilize County of Kaua`i real property (hereafter referred to as site ), described on the attached addendum. (All sites must be described on addendum.) The Director of Finance finds that: The intended use does not conflict with use for immediate public purposes; and There is no reasonable alternative other than the use of public property; and The proposed use does not create a nuisance or unreasonably affect public health or welfare; and There is no conflicting request for use of the particular public property; and The revocable permit shall be limited to a month-to-month basis or less. The County may revoke this Film Permit by giving Producer fifteen (15) days written notice stating the reason for revocation. The fair market rental value shall be a credit in the end titles of the film specifying Kaua`i as a location where filming of the production took place, recognizing the assistance of the Kaua`i Film Commission, and $ n/a fee. The Producer further agrees to: Defend, indemnify, and hold harmless the County of Kaua`i, its officers, agents assigns and employees from and against any and all claims for property damage, personal injury, or any other civil cause of action relating directly or indirectly to permitee s activities, including but not limited to claims for wrongful death that may arise from any activity engaged in by the Producer and or its officers, agents, assigns, and employees in undertaking the above mentioned project. To comply with and satisfy all safety requirements of the Kaua`i Fire Department and the Kaua`i Police Department at all filming locations. Obtain and maintain continuously in force for the duration of this agreement, and any extension thereof, a liability insurance policy or policies, (including aircraft insurance if aircraft are used), providing for coverage of any and all film production activities in the County of Kaua`i in an amount of not less than one million dollars for bodily injury, one million dollars for property damage, one million dollars for automobile insurance, and one million dollars for workers compensation & employers liability (if applicable); to name the County of Kauai as an additionally insured party on all automobile and general liability insurance policies; to provide a certificate of insurance to the County of Kaua`i before or at the time this permit is issued; and to include a waiver of subrogation for all coverages. To restore the Site(s), after use, to a condition which at least equals the Sites condition prior to use by the producer and the producer agrees to remove all signage, set dressing, sets and other fixtures, and refuse from the site. To present a removal deposit in the amount of $ before or at the time of signing. The removal deposit check shall be returned to the Producer after all sets, set dressing, neon signs, a signage and other fixtures, and refuse are removed from the Site. Rev.10/13/17 Page 7 of 9

8 Producer agrees to the following additional terms: 1) Night Filming Requirement (see section above) 2) Helicopter/Aircraft Filming (see section above) 3) Productions will not impede the access of any area from other users. FILM PRODUCTION REPRESENTATIVE(S): Print Name Signature Date Print Name Signature Date APPROVED: Director, Office of Economic Development APPROVED TO FORM AND LEGALITY: Deputy County Attorney INSURANCE ACCEPTABLE AS ATTACHED: Deputy Director of Finance COUNTY OF KAUAI: Director of Finance Rev.10/13/17 Page 8 of 9

9 STATE OF HAWAII ) ) SS: COUNTY OF KAUAI ) On this day of, 2017 before me personally appeared KEN SHIMONISHI, to me personally known, who, being by me duly sworn, did say that he is the Director of Finance of the County of Kauai, a political subdivision of the State of Hawaii and did say that he executed the foregoing instrument on behalf of the COUNTY OF KAUAI by authority of its Charter having been duly authorized to execute such instrument in such capacity. Notary Public, State of Hawai'i My commission expires: Doc. Date: # Pages: Notary Name: Circuit Doc. Description: Notary Signature Date State of Hawai i County of Kaua i Fifth Judicial Circuit On day of, 2017, before me personally appeared, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the person executed the same as the person s free act and deed. Document description: REVOCABLE FILM PERMIT Doc. Date No. pages Signature of Notary Date Print Name My commission expires: Rev.10/13/17 Page 9 of 9